questions & answers

Question: My ex wife has not let me see our daughter in almost a year. We share joint custody. I have called and texted at least 2x a week with no response this whole time. I just received notice of intent to relocate minor child to North Carolina. How do I respond to this? What papers do I file? How do I get her to let me see my daughter again?

Answer: If the custody arrangement is being violated, you may file with the court for enforcement of the custody order (A.R.S §25-414).  Within 25 days of the filing of the petition the court will hold a hearing to determine if the custody order has been violated.  If the court finds that that the order has been violated, the court can order parenting time to make up for missed sessions, find the violating parent in contempt of court, order parenting classes for the violating parent, order family counseling at the expense of the violating parent, or other such penalties.

Arizona Revised Statue 25-408 outlines the necessary procedures when a parent of a child under joint custody wishes to relocate.

A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five days' advance written notice shall be provided to the other parent before a parent may do either of the following:
1. Relocate the child outside the state.
2. Relocate the child more than one hundred miles within the state.
B. The notice required by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of family law procedure. The court shall sanction a parent who, without good cause, does not comply with the notification requirements of this subsection. The court may impose a sanction that will affect legal decision-making or parenting time only in accordance with the child's best interests.
C. Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for a hearing, on notice to the other parent, to determine the appropriateness of a relocation that may adversely affect the other parent's legal decision-making or parenting time rights.

For more information on the court remedies for violating of parenting time, see Arizona Revised Statute 25-414: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00414.htm&Title=25&DocType=ARS

For information on the papers to be filed to receive a court enforcement of parenting time, visit: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drese2.asp